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15 GEORGE 5, CHAPTER 15.

(iv) waterclosets or privies for the separate use of the sexes ; and

(v) a suitable supply of water; (c) Determining the persons responsible for the provision of the accommodation

required by the byelaws, taking into account the terms of current contracts ; (d) Inspection of the premises ; (e) Exhibition on the premises of the byelaws; Such other matters relating to the accommodation of seasonal workers (includ

ing determining the persons responsible for regulating the use by the workers of the accommodation), as the Board may from time to time

prescribe. (2) In cases of emergency, the Board may, on the application of the Board of Agriculture for Scotland, suspend, as respects the district of any local authority or any part thereof, the operation of any byelaw made under this section which affects agricultural interests.

(3) Without prejudice to the other provisions of this section, housing accommodation in accordance with the byelaws shall, in the case of potato-workers, harvesters, fruit-pickers and other seasonal workers employed on farms or fruit farms, be provided by the farmer or fruit-grower : Provided that, if the provision of such accommodation involves the erection of

, additional buildings, the farmer or fruit-grower may require the landlord to erect such buildings on terms and conditions to be determined, failing agreement, by the Board of Agriculture for Scotland. (4) In this section the expression “ seasonal workers

seasonal workers” includes navvies, harvesters, potato-workers, fruit-pickers, herring-gutters, and such other workers engaged in work of a temporary nature, as the Board may from time to time prescribe.

84. APPLICATION OF CERTAIN PROVISIONS AS TO BYELAWS.—The provisions of sections one hundred and eighty-three to one hundred and eighty-seven of the Public Health (Scotland) Act, 1897, which relate to byelaws under that Act, shall apply to byelaws made by a local authority under this Act, and a fine or penalty under any such byelaw may be recovered on summary conviction : Provided that(a) the Board, before they allow, modify, or disallow any byelaws with respect

to housing accommodation for seasonal workers, shall consult with the Board of Agriculture for Scotland, or with the Fishery Board for Scotland, as the case may be, in so far as agricultural or fishery interests respectively

are affected by such byelaws; (b) nothing in this section shall apply as respects the adoption by a local

authority of any code of byelaws relating to new streets under this Part

of this Act. 85. POWER TO AUTHORISE CONVERSION OF A HOUSE INTO TWO OR MORE DWELLINGS.-(1) Where it is proved to the satisfaction of the sheriff, on an application by the local authority or the feuar or lessee of a house, that, owing to changes in the character of the neighbourhood in which such house is situate, the house cannot readily be let as a single dwelling but could readily be let if converted into two or more dwellings, and that the conditions or restrictions of the feu charter or feu contract or the provisions of the lease do not admit of such conversion, the sheriff, after giving any person entitled to any interest in the house or entitled to enforce such condition, restriction or provision, an opportunity of being heard, may vary the conditions or restrictions of the feu charter or feu contract or the terms of the lease so as to enable the house to be so converted, subject to such conditions and upon such terms as the sheriff may think just, and the decision of the sheriff shall be final.

(2) In this section the expression “sheriff” shall not include sheriff-substitute.

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Restriction on Acquisition of certain Lands. 86, PROVISIONS AS TO COMMONS AND OPEN SPACES.—(1) Where any scheme or order under this Act authorises the acquisition or appropriation to any other purpose HOUSING (SCOTLAND) ACT, 1925.

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of any land forming part of any common or open space, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except where the scheme or order provides for giving in exchange for such land other land, not being less in area, certified by the Board, after consultation with the Board of Agriculture for Scotland to be equally advantageous to the persons, if any, entitled to common or other rights and to the public.

(2) Before giving any such certificate the Board shall give public notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject.

(3) Where any such scheme or order authorises such an exchange, the scheme or order shall provide for vesting the land given in exchange in the persons in whom the common or open space was vested, subject to the same rights, trusts, and incidents as attached to the common or open space, and for discharging the part of the common or open space, acquired or appropriated from all rights, trusts, and incidents, to which it was previously subject.

(4) For the purposes of this Act the expression “common” includes any town or village green; and the expression" open space means any land laid out as a public garden or used for the purposes of public recreation and any disused burial ground.

87. PROVISIONS AS TO LAND IN NEIGHBOURHOOD OF ROYAL PALACES OR PARKS.(1) Where any land proposed to be included in any scheme or order to be made under this Act, or any land proposed to be acquired under this Act, is situate within the prescribed distance from any of the royal palaces or parks, the local authority shall, before preparing the scheme or order or acquiring the land, communicate with the Commissioners of Works, and the Board shall, before confirming the scheme or order or authorising the acquisition of the land or the raising of any loan for the purpose, take into consideration any recommendations they may have received from the Commissioners of Works with reference to the proposal. (2) For the purposes of this section“ prescribed ” means prescribed by regulations

“ made by the Board after consultation with the Commissioners of Works.

88. SAVING TOR SITES OF ANCIENT MONUMENTS, &c.—Nothing in this Act shall authorise the acquisition for the purposes of this Act of any land which is the site of an ancient monument or other object of archæological interest.

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Special Powers and Duties of Local Authorities. 89. POWER OF ENTRY ON LAND COMPULSORILY ACQUIRED.—(1) Where a local authority are by an order confirming a scheme under Part II. of this Act or by an order made and confirmed under Part III. of this Act authorised to purchase land compulsorily for the purpose of the scheme or of Part III. of this Act, then, at any time after notice to treat has been served, the local authority may, after giving to the owner and occupier of the land such notice as is hereinafter mentioned, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with the provisions of sections eighty-three to eightyeight of the Lands Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 19), but subject to the payment of the like compensation for the land of which possession is taken, and interest on the compensation awarded as would have been payable if those provisions had been complied with.

(2) The length of notice required to be given under the foregoing provisions of this section shall(a) in the case of land purchased for the purposes of a scheme under Part II. of

this Act, be not less than twenty-eight days; and (b) in the case of land purchased for the purposes of Part III. of this Act, be not

less than fourteen days.

15 GEORGE 5, CHAPTER 15.

90. POWERS IN CONNECTION WITH PROVISION OF HOUSES.-(1) Any power of the local authority under this Act, or under any scheme made in pursuance of this Act, to provide housing accommodation, shall include a power to provide and maintain, with the consent of the Board, and, if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Board will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.

(2) The Board may, in giving their consent to the provision of any land or building under this section, by order apply, with any necessary modifications, to such land or building any statutory provisions which would have been applicable thereto if the land or building had been provided under any enactment giving any local authority powers for the purpose.

91. POWER OF LOCAL AUTHORITY TO ENFORCE OBLIGATION AGAINST OWNER FOR THE TIME BEING OF Land.—Where a local authority have sold land acquired by them under this Act or any enactment repealed by this Act, and the purchaser of the land has entered into an obligation with the local authority concerning the land, the local authority shall have power to enforce the obligation against the persons deriving title under that purchaser, notwithstanding that the local authority are not in possession of or interested in any land for the benefit of which the obligation was entered into, in like manner and to the like extent as if they had been in possession of or interested in such land.

92. POWER OF LOCAL AUTHORITY TO APPOINT COMMITTEES.— A local authority may appoint a committee consisting of so many persons as they may think fit, for any purposes of this Act which in the opinion of the local authority would be better regulated and managed by means of a committee :

Provided that a committee so appointed shall consist as to a majority of its members of members of the appointing local authority and shall in no case be authorised to raise any money by rate or loan, and shall be subject to any regulations and restrictions which may be imposed by the appointing local authority.

93. JOINT ACTION BY LOCAL AUTHORITIES.-Where, upon an application made by one of the local authorities concerned, the Board are satisfied that it is expedient that any local authorities should act jointly for any purposes of this Act, either generally or in any special case, the Board may by order make provision for the purpose, and any provisions so made shall have the same effect as if they were contained in an order made under section eighty-three of the Public Health (Scotland) Act, 1897.

94. SALE AND DISPOSAL OF LAND AND HOUSES.-Notwithstanding anything contained in this Act, it shall not be obligatory upon a local authority to sell and dispose of any lands or houses acquired or constructed by them for any of the purposes of this Act or of any enactment repealed by this Act, unless ordered to do so by the Board in exercise of any powers conferred on them by this Act.

95. DONATIONS FOR HOUSING PURPOSES.—A local authority may accept a donation of land or money or other property for any of the purposes of this Act.

Powers of the Board. 96. LOCAL INQUIRIES.-(1) For the purposes of the execution of their powers

and duties under this Act, the Board may cause such local inquiries to be held as they may think fit, and the expenses incurred in relation to any such local inquiry (including the remuneration of any person employed by the Board for the purpose of the inquiry), shall be paid by the local authorities and persons concerned in the inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the expenses incurred, and any sum so certified and directed by the Board to be paid by any local authority or person shall be a debt to the Crown from such local authority or person.

(2) Except so far as inconsistent with the provisions of the preceding subsection, HOUSING (SCOTLAND) ACT, 1925.

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sections seven, eight, nine, and ten of the Public Health (Scotland) Act, 1897, shall apply for the purpose of local inquiries ordered by the Board under this Act.

97. POWER OF BOARD TO OBTAIN A REPORT ON ANY CROWDED AREA.-If it appears to the Board that owing to density of population, or any other reason, it is expedient to inquire into the circumstances of any area with a view to determining whether any powers

under this Act should be put into force in that area or not, the Board may require the local authority to make a report to them containing such particulars as to the population of the district and other matters as they may direct, and the local authority shall comply with the requirement of the Board, and any expenses incurred by them in so doing shall be paid as expenses incurred in the execution of such Part of this Act as the Board may determine.

98. ARRANGEMENTS BETWEEN THE BOARD AND OTHER DEPARTMENTS.-The Board may make arrangements with any other Government Department for the exercise or performance by that Department of any of their powers and duties under this Act, which, in the opinion of the Board, could more conveniently be so exercised and performed, and in such case the Department and officers of the Department shall have the same powers and duties as are by this Act conferred on the Board and their officers.

Notices, Orders, &c. 99. SERVICE OF NOTICE, &c. ON LOCAL AUTHORITY.-Any notice, summons, writ or other proceeding at law or otherwise required to be served on a local authority in relation to carrying into effect the objects or purposes of this Act, or any of them, may be served upon the local authority by delivering it to their clerk, or leaving it at his office with some person employed there, or by sending it by post in a registered letter addressed to the local authority, or their clerk, at the office of the local authority.

100. ORDERS, NOTICES, &c., BY LOCAL AUTHORITY.-(1) An order in writing made by a local authority under this Act shall be under their seal and authenticated by the signature of their clerk or his lawful deputy, or where the local authority have not a seal shall be authenticated by the signature of any two or more members of the local authority and of their clerk or his lawful deputy.

(2) A notice, demand, or other written document proceeding from a local authority under this Act shall be signed by their clerk or his lawful deputy.

101. SERVICE OF NOTICE, &c.-(1) Subject to the foregoing provisions as to the service of notices, summonses, writs and other proceedings at law or otherwise on local authorities, any notice, order, or other document required or authorised to be served under this Act may be served either(a) by delivering it to the person on whom it is to be served ; or

l; (6) by leaving it at the usual or last-known place of abode of that person; or (c) by forwarding it by post in a pre-paid registered letter addressed to that

person at his usual or last-known place of abode, or in the case of an incorporated company or registered society addressed to the secretary of the company or society at the registered or principal office of the company

or society; or (d) if addressed to the owner occupier” of premises, by delivering it to

some person on the premises, or if there is no person in the premises on whom it can be so served, then by affixing it to some conspicuous part of the

premises. (2) Subject as aforesaid, any notice, order, or other document which is by this Act required or authorised to be served on the owner or occupier of any premises, may be addressed to the.“ owner” or “occupier " of the premises (naming them) without further name or description.

102. POWER TO PRESCRIBE FORMS AND TO DISPENSE WITH ADVERTISEMENTS AND NOTICES.-(1) The Board may by order prescribe the form of any notice, advertisement, or other document to be used in connection with the powers and duties of a local authority or of the Board under this Act, and the forms so prescribed, or forms

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15 GEORGE 5, CHAPTER 15.

as near thereto as circumstances admit, shall be used in all cases to which those forms are applicable.

(2) The Board may dispense with the publication of advertisements or the service of notices required to be published or served by a local authority under this Act, if they are satisfied that there is reasonable cause for dispensing with the publication or service.

(3) Any such dispensation may be given by the Board either before or after the time at which the advertisement is required to be published, or the notice is required to be served, and either unconditionally or upon such conditions as to the publication of other advertisements or the service of other notices or otherwise as the Board think fit, due care being taken by the Board to prevent the interests of any person being prejudiced by the dispensation.

Appeals to Sheriff 103. PROCEDURE ON APPEALS TO SHERIFF.—(1) The procedure on any appeal to the sheriff under this Act (including expenses) shall be such as the Court of Session may by Act of Sederunt determine.

(2) On any appeal to the sheriff under this Act the sheriff may make such order in the matter as he thinks equitable, and any order so made shall be binding and conclusive on all parties, and, where the appeal is against any notice or order given or made by the local authority, the notice or order may be confirmed, varied, or quashed, as the sheriff thinks just :

Provided that the sheriff may at any stage of the proceedings on appeal, and shall, if so directed by the Court of Session, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal.

(3) Any notice or order as respects which an appeal to the sheriff is given under this Act shall not become operative, until either the time within which an appeal can be made under this Act has elapsed without an appeal being made, or, in case an appeal is made, the appeal is determined or abandoned, and no work shall be done or proceedings taken under any such notice or order, until it becomes operative.

(4) The sheriff may, before considering any appeal which may be made to him under this Act, require the appellant to deposit such sum to cover the expenses of the appeal as may be fixed by the Act of Sederunt made by the Court of Session with reference to appeals.

Offences, &c. 104. PENALTY FOR OBSTRUCTING THE EXECUTION OF ACT.—Where any person obstructs the medical officer of health, or any officer of the local authority, or any officer of the Board or any person authorised to enter houses, premises or buildings in pursuance of this Act in the performance of anything which such officer, local authority or person is by this Act required or authorised to do, he shall, on summary conviction, be liable to a fine not exceeding twenty pounds.

105. PENALTY FOR PREVENTING EXECUTION OF REPAIRS.—(1) If any person, after notice of the intended action(a) being the occupier of any premises prevents the owner thereof, or his officers,

agents, servants or workmen from carrying into effect with respect to those

premises any of the provisions of Part I. of this Act; or (b) being the owner or occupier of any premises prevents the medical officer of

health, or any officers, agents, servants, or workmen of such officer or of the

local authority from so doing ; the sheriff or any two justices of the peace sitting in open court or any magistrate having jurisdiction in the place on proof thereof may order that person to permit to be done on the premises all things requisite for carrying into effect such provisions with respect to the premises.

(2) If any such person fails to comply with such an order, he shall for each day

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